The incident happened last August, and the man who was hit, Tommie Gatto, told police he didn't remember what happened.

According to the report, Gatto was heavily intoxicated and was upset that he lost his wallet in a bar. When a detective said he was unable to find the wallet, Gatto spit in Officer Douglas Cote's face.

Cote punched him in the face, took him down and handcuffed him.

The report said the punch was excessive because "spitting in the face is not an action expected to cause injury."

"Officer Cote could have effectively controlled Gatto by using a lesser degree of force, such as pushing him away," the report said.

According to the report, Cote admitted to violating policy.

He received a written censure, and according the head of internal affairs, he got some additional training about the use of force policy.

The civilian head of internal affairs said despite the finding, the board felt the officer kept his head.

"When the young man spat in the face, the instinct was a single strike to the face. It was a controlled takedown. The video shows the officer didn't go overboard," said Dwain Rivers.

The civilian review board met Wednesday and voted 4-2 to overturn the finding against the officer.